JUDGMENT :

Joymalya Bagchi, J.

1. The case reminds me of an age-old adage ‘to close the stable door after the horse has bolted’. Caught between an absconding accused and unfortunate demise of a rape victim, the prosecution belatedly took out an application praying the evidence of the rape victim recorded in the course of trial of other accused persons (while the petitioner was absconding) be read in evidence in the subsequent trial of the absconder after his arrest.

2. For a better appreciation of the matters in issue, a brief sketch of events leading to the present imbroglio is desirable:-

3. On the basis of written complaint of the rape victim against the petitioner and one Nishad Alam, Sumit Bajaj, Md. Nasir Khan, and Md. Ali Khan, herein the Criminal Case being Park Street P.S. Case No. 29 dated 09.02.2012 under sections 376(2)(g)/120B/323/506/34 of the Indian Penal Code was registered for investigation. On 18.02.2012 three accused persons, namely, Nishad Alam, Sumit Bajaj and Md. Nasir Khan were arrested. As the petitioner and one Md. Ali Khan could not be arrested, on 05.03.2012 warrant of arrest was issued against them. On 12.04.2012 proclamation was issued against the abscondin